TITLE I
GENERAL DEPARTMENTAL PROCEDURES
CHAPTER 1
DEPARTMENTAL ORGANIZATION AND PROCEDURES
[Prior to 7/1/83, Social Services [770] Ch 1]
[Prior to 2/11/87, Human Services[498]]
MISSION STATEMENT
The Iowa department of human services is a public expression of Iowa’s desire for a stronger community. Working cooperatively with others, the department of human services meets the unique needs of individuals who are experiencing personal, economic, social, or health problems. The primary responsibilities of the department are to help and empower individuals and families to become increasingly self-sufficient and productive, and strive to improve the well-being of all the people of the state of Iowa.
441—1.1(17A) Director. All operations of the department of human services are, by law, the responsibility of the director. The director’s responsibilities include:
	1.1(1) The formulation of department policy within the limits set forth in the statutes of the state of Iowa;
	1.1(2) Establishing standards of performance for all divisions and offices of the department;
	1.1(3) Maintaining liaison with the governor, other agencies of the state, and public and private agencies outside of state government on behalf of the department;
	1.1(4) Fully informing the public of department programs;
	1.1(5) Serving as principal agent for the department in all legal matters and development of legislative programs to support and improve agency efforts.
This rule is intended to implement Iowa Code section 17A.3(1)“a.”
441—1.2(17A) Council. The director of the department has, by statute, the advice and counsel of the council on human services. This seven-member council is appointed by the governor with consent of two-thirds of the Senate and its powers and duties are policymaking and advisory with respect to the services and programs operated by the department.
	1.2(1) A quorum shall consist of two-thirds of the membership appointed and qualified to vote.
	1.2(2) Where a quorum is present, a position is carried by a majority of the qualified members of the council.
	1.2(3) Copies of administrative rules and other materials considered are made a part of the minutes by reference.
	1.2(4) Copies of the minutes are kept on file in the director’s office.
	1.2(5) Tentative approval of departmental actions may be given by telephone when approval is needed prior to a formal meeting. A memorandum shall be kept of the approval and formal action taken at the next scheduled meeting.
	1.2(6) At each meeting the council shall set the date and location of the next meeting.
	a. 	The communications media shall be notified at least one week in advance of the meeting.
	b. 	When it is necessary to hold an emergency meeting, the communications media shall be notified as far in advance of the meeting as time allows. The nature of the emergency shall be stated in the minutes.
	1.2(7) In cases not covered by these rules, Robert’s Rules of Order shall govern.
	1.2(8) The department of inspections and appeals shall be the authorized representative to conduct hearings and appeals for the council on human services.
This rule is intended to implement Iowa Code section 17A.3(1)“a.”
441—1.3(17A) Organization at state level. The director oversees all service and administrative functions of the department including continuous quality improvement. The deputy director for administration, the deputy director for policy, the deputy director for operations, and the office of communications report directly to the director.
	1.3(1) Deputy director for administration. The deputy director for administration manages the general support functions of all divisions of the department. Principal responsibilities include development of program and operational budgets, accounting and administrative control of appropriation expenditures, design and development of data processing systems, and monitoring and processing of provider payments.
The administrators of the divisions of data management, fiscal management, support services, and organization development and support report directly to the deputy director for administration.
	a. 	The administrator of the division of data management is responsible for the development and operation of the automated systems that collect and process information to generate client and vendor payments, track cases and caseloads, monitor and control agency business applications, and assess social programs. Additionally, the administrator is responsible for providing a wide range of technical support for the state institutions, personal computing assistance, office automation support, program and operational research and analysis, forecasting of program expenditures, and utilization and report development and preparation.
	b. 	The administrator of the division of fiscal management is responsible for developing annual budgets to be presented to the council on human services, governor’s office, and legislature; for monitoring expenditures; for providing management with monthly forecasts for all department budget units and subunits; and for filing quarterly federal expenditures and estimate of expenditure reports. Additionally, the administrator is responsible for providing the accounting for the department’s programs and operations; for coordinating payment and contracting for purchased services; for processing claims, invoices, and payroll checks; and for operating the cost allocation system which enables recovery of federal dollars.
	c. 	The administrator of the division of support services has responsibility for equipment, purchasing, space allocation, printing, food stamp issuance and accountability, supplies management, cash receipts, manual distribution, fixed assets inventory control, central information delivery system (CIDS) teleconferencing and the mail. Additionally, the administrator is responsible for providing administration of surplus food distribution programs, nutrition consulting services, state vehicle fleet management, and liaison with the department of general services in the development of capital improvements and major maintenance projects for department institutions.
	d. 	The administrator of the division of organization development and support has responsibility for providing leadership, direction, and oversight of organization staff development (learning resource team) and employee services (human resource team) including labor relations, compensation, recruitment, health and safety, disaster assistance, volunteer programs, professional library services, and diversity, affirmative action, and equal opportunity programs for employees, vendors, and department clients.
	1.3(2) Deputy director for policy. The deputy director for policy manages the development of the financial, medical and social services programs for eligible Iowans.
The administrators of the divisions of adult, children and family services, economic assistance, medical services, mental health and developmental disabilities, and policy and rule integration report directly to the deputy director for policy.
	a. 	The administrator of the division of adult, children and family services is responsible for the development and direction of service, regulatory, and financial reimbursement programs for children, families and dependent adults, including programs for foster care, adoption, child protection, family services, day care, and child and adult abuse registries. Additionally, the administrator is responsible for setting program policy for the following institutions:
	(1)	The state training school in Eldora.
	(2)	The Iowa juvenile home in Toledo.
	b. 	The administrator of the division of economic assistance is responsible for the development and direction of financial assistance programs, including the family investment program, the food stamp program, emergency assistance, PROMISE JOBS, entrepreneurial training, refugee cash assistance, the family development and self-sufficiency demonstration program, systematic alien verification for entitlements, diversion programs, individual development accounts, and the food stamp employment and training program.
	c. 	The administrator of the division of medical services is responsible for the development and direction of medical service programs, including Medicaid, state supplementary assistance, refugee medical assistance, the child health insurance program (HAWK-I), and interim assistance reimbursement.
	d. 	The administrator of the division of mental health and developmental disabilities is responsible for the development and direction of supports and services as well as the financing of such services for persons with mental illness, mental retardation, and developmental disabilities. Additionally, the administrator is responsible for setting program policy for the following institutions and programs:
	(1)	Cherokee Mental Health Institute.
	(2)	Clarinda Mental Health Institute, located on the grounds of the Clarinda Treatment Complex Institute Campus.
	(3)	Independence Mental Health Institute.
	(4)	Mount Pleasant Mental Health Institute, located on the grounds of the Mount Pleasant Treatment Center Complex.
	(5)	Glenwood State Hospital-School.
	(6)	Woodward State Hospital-School.
	(7)	The Civil Commitment of Sexual Offenders Unit at Oakdale.
	e. 	The administrator of the division of policy and rule integration is responsible for providing leadership and direction agencywide for the integration of policy development and the consistency of rules, including ensuring that program policies are consistent with state and federal law and are designed to achieve programmatic goals and results; monitoring state and federal programmatic policy and financial changes; and identifying policy and rule changes to ensure alignment with program and administrative divisions to facilitate alignment with the department’s mission.
	1.3(3) Deputy director for operations. The deputy director for operations manages the delivery of the financial, medical and social services programs for eligible Iowans. The administrators of the division of child support, case management, and refugee services and the office of field support and the administrators of the five departmental regions report directly to the deputy director for operations. Additionally, the deputy director is responsible for policy implementation and day-to-day operations at the following institutions: the state training school in Eldora; the Iowa juvenile home in Toledo; Cherokee Mental Health Institute; Clarinda Mental Health Institute, located on the grounds of the Clarinda Treatment Complex Institute Campus; Independence Mental Health Institute; Mount Pleasant Mental Health Institute, located on the grounds of the Mount Pleasant Treatment Center Complex; Glenwood State Hospital-School; Woodward State Hospital-School; and the Civil Commitment of Sexual Offenders Unit at Oakdale.
	a. 	The administrator of the division of child support, case management, and refugee services is responsible for primary support services to all line elements of the department in the areas of child support and foster care collections and refugee services, and has responsibility for the department’s Title XIX case management policy and budget.
	b. 	The chief of the office of field support is responsible for the day-to-day contact with the regional offices on administrative and program operation issues and addressing client or constituent concerns.
	1.3(4) Office of communications. The office of communications addresses the different facets of the department’s internal and external communication needs. The office of communications is responsible for providing public information to clients, constituency groups, and the media, while also facilitating internal communications within the department.
	a. 	The legislative liaison provides federal and state liaison services, maintains legislative relations, and reviews client and constituent concerns.
	b. 	The internal communications consultant addresses the different facets of the department’s internal communication needs.
	c. 	The public information officer is responsible for the department’s external communication to the media and other outside stakeholders.
441—1.4(17A) Field operations structure.
	1.4(1) Delivery system. The department’s community service delivery system is based on service areas with offices in each county that are strategically located for purposes of client accessibility. Each service area is headed by a service area manager who is responsible for the following within the service area: effective management of the delivery of social services within the area, management of the department offices, directing all personnel, implementation of departmental policies and procedures, support for the development of social service resources within the community, and resolution of service delivery complaints. The services delivered in a service area include income maintenance and social service programs, child protection and other specialized services.
	1.4(2) Local offices. There shall be at least one local office in each county. These local offices may be full-time or less than full-time. Full-time offices will provide income maintenance and social service program delivery and will serve as a base for the less than full-time office staff. Additional services offered in local offices may include child protection and other specialized services. Less than full-time offices will be operated on a reduced number of days per week based on county need and will provide income maintenance and social services.
This rule is intended to implement Iowa Code section 17A.3(1)“a.”
441—1.5  Rescinded, effective October 1, 1987.
441—1.6(17A) Mental health and developmental disabilities commission. The administrator of the division of mental health and developmental disabilities has, by statute, the advice and counsel of the mental health and mental retardation commission. This 15-member commission is appointed by the governor with confirmation by two-thirds of the members of the senate. The commission’s powers and duties are policymaking and advisory with respect to mental health and mental retardation, services, and programs administered by the division of mental health and developmental disabilities.
	1.6(1) A quorum shall consist of two-thirds of the membership appointed and qualified to vote.
	1.6(2) Where a quorum is present, a position is carried by a majority of the qualified members of the commission.
	1.6(3) Copies of administrative rules and other materials considered are made a part of the minutes by reference.
	1.6(4) Copies of the minutes are kept on file in the office of the administrator of the division of mental health and developmental disabilities.
	1.6(5) At each meeting the commission shall determine the next meeting date. Special meetings may be called by the chair or at the request of the majority of commission members.
	1.6(6) Any person wishing to make a presentation at a commission meeting shall notify the Administrator, Division of Mental Health and Developmental Disabilities, Hoover State Office Building, Des Moines, Iowa 50319-0114, 515.281.5874, at least 15 days prior to the commission meeting.
	1.6(7) In cases not covered by these rules, Robert’s Rules of Order shall govern.
	1.6(8) The department of inspections and appeals shall be the authorized representative to conduct hearings and appeals for the mental health and mental retardation commission.
This rule is intended to implement Iowa Code section 17A.3.
441—1.7(17A) Governor’s developmental disabilities council (governor’s DD council). Pursuant to the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), 42 U.S. Code, Section 6000 et seq., each state shall establish a state planning council to serve as an advocate for people with developmental disabilities. The department shall act as the council’s designated state agency for the purposes of receiving funds under the DD Act.
	1.7(1) Governor’s DD council responsibilities. The governor’s DD council shall:
	a. 	Develop a state plan which meets the requirements of the DD Act.
	b. 	Prepare and approve a budget to fund all activities and to hire staff and obtain services necessary to carry out its functions under the DD Act.
	c. 	Hire after conferring with the director, supervise, and evaluate an executive director who shall hire and supervise council staff.
	d. 	Prepare, submit and maintain all records and reports required by the Secretary of Health and Human Services.
	1.7(2) Governor’s DD council membership. The governor’s DD council shall consist of up to 26 members appointed by the governor.
	a. 	The principal state agencies, including, at a minimum, the departments of education, human services, and elder affairs, higher education training facilities, the university affiliated program, Iowa Protection and Advocacy Services, Inc., local agencies and nongovernmental agencies and private, nonprofit groups concerned with services to people with developmental disabilities in the state, shall be represented.
	b. 	Consumers. At least one-half of the membership of the governor’s DD council shall consist of people with developmental disabilities or their parents or guardians, or immediate relatives or guardians of people with mentally impairing developmental disabilities, and who are not employees of a state agency which receives funds or provides services under the provisions for state planning councils under the DD Act, who are not managing employees of any other entity which receives funds or provides services under the provisions for state planning councils under the DD Act, and who do not have an ownership or control interest with respect to such an entity.
	(1)	At least one-third of the consumer representatives shall be people with developmental disabilities.
	(2)	At least one-third of the consumer representatives shall be immediate relatives or guardians of people with mentally impairing developmental disabilities.
	(3)	At least one person shall be an immediate relative or guardian of an institutionalized or previously institutionalized person with a developmental disability.
	1.7(3) Governor’s DD council terms. Members shall be appointed for three-year terms.
	a. 	Appointments shall be staggered so that at least one-third of the members are appointed each year.
	b. 	Governor’s DD council members shall be appointed for a maximum of two consecutive, full terms. Members who have been reappointed for more than two consecutive terms on July 1, 1993, may complete the full term of their last appointment.
	c. 	Governor’s DD council members are not eligible to receive a per diem during their term. They shall receive reimbursement for expenses, including individual and family supports necessary for participation, subject to the limitations set for state boards and commissions.
	1.7(4) Governor’s DD council action.
	a. 	A quorum shall consist of two-thirds of the members eligible to vote.
	b. 	Where a quorum is present, a position is carried by a majority of the members eligible to vote.
	c. 	The use of proxies shall not be allowed.
	d. 	Any council member representing the council before any legislative committee, public body, governmental agency or media representative shall support the council’s mission, guiding principles, goals, objectives and strategies approved by the council in its state plan and other policy positions adopted by the council.
	1.7(5) Governor’s DD council minutes. Copies of the minutes are kept on file in the office of the Governor’s DD Council, 617 E. Second Street, Des Moines, Iowa 50309.
	1.7(6) Governor’s DD council meetings. The governor’s DD council will meet at least four times a year. Dates will be determined by the governor’s DD council. Special meetings may be called by the chair or upon the written request of a majority of governor’s DD council members.
	a. 	Any person wishing to make a presentation at a governor’s DD council meeting shall submit a request to the executive director of the governor’s DD council. The request shall be considered by the governor’s DD council chair in setting the next meeting agenda.
	b. 	The governor’s DD council shall coordinate activities with the mental health and mental retardation commission in accordance with Iowa Code chapter 225C.
	1.7(7) Attendance.
	a. 	A member shall be considered to have submitted a resignation when absent for three consecutive, regular governor’s DD council meetings or a total of more than one-half of all regular governor’s DD council meetings during a calendar year in accordance with Iowa Code section 69.15.
	b. 	The governor’s office shall be immediately notified by the governor’s DD council executive director of a resignation under this subrule.
	1.7(8) Organization. No later than October 1 of each year, the governor’s DD council shall organize by electing a chair, vice-chair, and executive committee.
	a. 	The executive committee shall consist of the governor’s DD council chair, vice-chair and three members at large, one of whom shall be the immediate past chair if a current member of the governor’s DD council.
	b. 	The executive committee may exercise the power of the governor’s DD council between regular governor’s DD council meetings but may not override a decision of the governor’s DD council.
	c. 	The governor’s DD council has the authority to create other standing and special committees and task forces as deemed necessary and to create terms of office for officers, committees, and committee chairs.
	(1)	The members and chairs of standing and special committees shall be appointed by the chairperson from the governor’s DD council’s membership. Appointments shall be approved by the governor’s DD council.
	(2)	Noncouncil members may serve as voting members of committees if approved by the governor’s DD council and shall be subject to terms as determined by the governor’s DD council.
	(3)	Committees may act based on a simple majority of those present.
	(4)	Committees may create temporary task forces to assist them in their work.
	1.7(9) Procedure. In cases not covered by this rule, Robert’s Rules of Order shall govern.
This rule is intended to implement Iowa Code sections 217.6 and 225C.3.
441—1.8(17A,217) Waivers of administrative rules (hereinafter referred to as exceptions to policy). Rescinded ARC 7711C, IAB 3/6/24, effective 7/1/24.1
441—1.9(17A) Commission on children, youth and families. Rescinded IAB 10/7/98, effective 12/1/98.
441—1.10(17A,514I) HAWK-I board. The director of the department has, by statute, the advice and counsel of the HAWK-I board on the healthy and well kids in Iowa program. This seven-member board consists of the commissioner of insurance or the commissioner’s designee, the director of the department of education or the director’s designee, the director of the department of public health or the director’s designee, and four public members appointed by the governor, subject to confirmation by two-thirds of the members of the senate. The board shall also include two members of the senate and two members of the house of representatives, serving as ex officio members.
	1.10(1) Organization.
	a. 	The members of the board shall annually elect from the board’s voting membership a chairperson of the board.
	b. 	Members appointed by the governor and the legislative members shall serve two-year terms.
	1.10(2) Duties and powers of the board. The board’s powers and duties are to make policy and to provide direction for the administration of all aspects of the healthy and well kids in Iowa program which is administered by the division of financial, health and work supports. In carrying out these duties, the board shall do all of the following:
	a. 	Adopt rules of the department.
	b. 	Develop criteria for and approve all contracts.
	c. 	Establish a clinical advisory committee.
	d. 	Establish an advisory committee on children with special health care needs.
	e. 	Conduct studies and evaluations and provide reports as directed by legislation.
	f. 	Define regions of the state for which plans are offered.
	g. 	Solicit input from the public about the program.
	h. 	Improve interaction between the program and other public and private programs which provide services to eligible children.
	i. 	Receive and accept grants, loans, or other advances of funds from any person and may receive and accept from any source contributions of money, property, labor, or any other thing of value, to be held, used, and applied for the purpose of the program.
	1.10(3) Board action.
	a. 	A quorum shall consist of two-thirds of the membership appointed and qualified to vote.
	b. 	When a quorum is present, a position is carried by a majority of the qualified members of the board.
	1.10(4) Board minutes.
	a. 	Copies of administrative rules and other materials considered are made part of the minutes by reference.
	b. 	Copies of the minutes are kept on file in the office of the administrator of the division of financial, health and work supports.
	1.10(5) Board meetings.
	a. 	The board shall meet at regular intervals at least six times each year and may hold special meetings at the call of the chairperson or at the request of a majority of the voting members, but no more than twelve times per year.
	b. 	Any person wishing to make a presentation at a board meeting shall notify the Administrator, Division of Financial, Health and Work Supports, Department of Human Services, 1305 E. Walnut Street, Des Moines, Iowa 50309-0114, telephone 515.281.6080, at least 15 days before the board meeting.
	1.10(6) Robert’s Rules of Order. In cases not covered by these rules, Robert’s Rules of Order shall govern.
This rule is intended to implement Iowa Code sections 17A.3(1)“a” and 514I.5.
[Filed 9/19/75, Notice 8/11/75—published 10/6/75, effective 11/10/75]
[Filed 4/30/76, Notice 3/22/76—published 5/17/76, effective 6/21/76]
[Filed 2/25/77, Notice 1/12/77—published 3/23/77, effective 4/27/77]
[Filed 12/6/77, Notice 9/21/77—published 12/28/77, effective 2/1/78]
[Filed 5/8/78, Notice 3/22/78—published 5/31/78, effective 7/5/78]
[Filed 6/1/78, Notice 4/19/78—published 6/28/78, effective 8/2/78]
[Filed without Notice 9/12/78—published 10/4/78, effective 11/8/78]
[Filed 1/4/79, Notice 11/29/78—published 1/24/79, effective 2/28/79]
[Filed 3/30/79, Notice 2/21/79—published 4/18/79, effective 5/23/79]
[Filed emergency 6/30/81—published 7/22/81, effective 7/1/81]
[Filed emergency 8/21/81—published 9/16/81, effective 8/21/81]
[Filed emergency 12/30/81—published 1/20/82, effective 1/1/82]
[Filed 1/28/82, Notice 11/25/81—published 2/17/82, effective 3/24/82]
[Filed 4/9/82, Notice 1/20/82—published 4/28/82, effective 6/2/82]
[Filed 11/5/82, Notice 9/1/82—published 11/24/82, effective 1/1/83]
[Filed 9/26/83, Notice 8/17/83—published 10/12/83, effective 11/16/83]
[Filed 7/25/86, Notice 4/23/86—published 8/13/86, effective 10/1/86]
[Filed 9/5/86, Notice 6/18/86—published 9/24/86, effective 11/1/86]
[Filed emergency 1/15/87—published 2/11/87, effective 1/15/87]
[Filed 7/24/87, Notices 5/6/87 and 5/20/87—published 8/12/87, effective 10/1/87]
[Filed 1/21/87, Notice 11/4/87—published 2/10/88, effective 4/1/88]
[Filed 3/15/89, Notice 2/8/89—published 4/5/89, effective 6/1/89]
[Filed 12/13/90, Notice 10/31/90—published 1/9/91, effective 3/1/91]
[Filed 2/19/92, Notice 8/7/91—published 2/19/92, effective 3/25/92]
[Filed emergency 5/13/92—published 6/10/92, effective 5/14/92]
[Filed 7/17/92, Notice 6/10/92—published 8/5/92, effective 10/1/92]
[Filed 12/4/92, Notice 8/19/92—published 12/23/92, effective 1/27/93]
[Filed 6/11/93, Notice 4/14/93—published 7/7/93, effective 9/1/93]
[Filed 1/10/96, Notice 11/22/95—published 1/31/96, effective 4/1/96]
[Filed emergency 6/29/98—published 7/29/98, effective 7/1/98]
[Filed 9/15/98, Notice 7/15/98—published 10/7/98, effective 12/1/98]
[Filed 10/21/98, Notice 7/29/98—published 11/18/98, effective 1/1/99]
[Filed 12/8/99, Notice 10/20/99—published 12/29/99, effective 3/1/00]
[Filed 9/12/00, Notice 7/26/00—published 10/4/00, effective 12/1/00]
[Filed 12/14/00, Notice 11/1/00—published 1/10/01, effective 3/1/01]
[Filed emergency 11/14/01—published 12/12/01, effective 11/14/01]
[Filed 4/10/02, Notice 12/12/01—published 5/1/02, effective 7/1/02]
[Filed emergency 6/20/03—published 7/9/03, effective 7/1/03]
[Filed 10/23/03, Notice 7/9/03—published 11/12/03, effective 1/1/04]
[Filed ARC 7711C (Notice ARC 7062C, IAB 8/23/23), IAB 3/6/24, effective 7/1/24]1
1	The effective date of ARC 7711C was corrected to July 1, 2024, in the April 3, 2024, Iowa Administrative Bulletin.